Part of our mission is to help you:
You are free to:
Under the following conditions:
With the understanding that:
Availability of Yoke; Eligibility to Use Yoke: You have the right to access and use Yoke as it exists on any given day and LambdaZen has no other obligation with respect to updating, improving, maintaining, or making available Yoke. Further, LambdaZen may update, modify, revise, replace, refuse access to, suspend or discontinue Yoke, partially or entirely, or change and modify prices for all or part of Yoke in our sole discretion. All of these changes shall be effective upon their posting on our Site or by direct communication to you unless otherwise noted.
Creating an Account: To use Yoke, you must create an account on the Site at https://common.yoke.io/auth/signup. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that LambdaZen may use your User Data to provide features and functionality of Yoke for which you have expressed interest. If you provide any information that is inaccurate or not current, or LambdaZen has reasonable grounds to suspect that such information is inaccurate or not current, LambdaZen has the right to suspend or terminate your account and refuse any and all current or future use of Yoke. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
Account Security: You are responsible for safeguarding your account information and your password. You agree to: (1) keep your account password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; and (4) refrain from charging anyone for access to any portion of LambdaZen, your account, or any information therein. Further, you are responsible for any activities or actions under your account or anything that happens through your account, whether or not you have authorized such activities or actions, until you disable your account or prove that your account security was compromised due to no fault of your own. To disable your account, please send an email to firstname.lastname@example.org. You will immediately notify LambdaZen of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to LambdaZen, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize Yoke.
You grant LambdaZen a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, distribute, publish, remove, retain, process, analyze, and use Your Applications and User Posts for the purpose of providing Yoke.
Your Shared Repositories: While you own your Applications, files placed in your shared repositories are available to those users to whom you grant access. By sharing your repositories with others, you agree and acknowledge that LambdaZen has no responsibility or obligation to monitor or notify of you of any non-compliance related to the rights or license you may choose to grant to other users who have access to your shared repositories, if any, and that LambdaZen has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) applicable to the Applications or permission(s) you have chosen to offer.
Notifications and Messages: For purposes of service messages and notices about Yoke to you, you agree that LambdaZen may notify you via the email address associated with your account, even if we have other contact information. You also agree that LambdaZen may communicate with you through your LambdaZen account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Yoke.
All feedback, comments, and suggestions for improvements that you provide to LambdaZen, in any form, any contributions you make to Yoke by posting content and communicating with other users via User Posts, and the results, metrics, and statistics resulting from any analysis of user access to and use of Applications and User Posts generated through your and other users' use and access to Applications and Users Posts (collectively, the "Feedback") will be the sole and exclusive property of LambdaZen. You hereby irrevocably transfer and assign to LambdaZen all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At LambdaZen's request and expense, you will execute documents and take such further acts as LambdaZen may reasonably request to assist LambdaZen in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections with respect to the Feedback.
You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). LambdaZen has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see LambdaZen's DMCA Policy located at https://common.yoke.io/legal/DMCA for additional information.
The LambdaZen website may contain links to third-party websites or resources. You acknowledge and agree that LambdaZen is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LambdaZen of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Removal of Applications and User Posts: Without limiting the generality of the foregoing, and without further notice, LambdaZen may choose to delete and/or reduce: (i) any or all of your Applications and User Posts if your account is inactive for 90 days; and (ii) previous versions and/or prior backups of your Applications and User Posts. It is your responsibility to maintain backups of your Applications and User Posts and LambdaZen shall have no liability to you for any loss, corruption, deletion or removal of your Applications or User Posts.
Your access to and use of Yoke and is at your own risk. LambdaZen disclaims all liability for and is not responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Yoke.
Yoke, including without limitation all Applications, User Posts, and any other information, materials, computer code or content provided therein or thereby, are provided "AS-IS" and without warranty. We are not responsible for the content, applications, data, user postings, or actions of third parties or other users of Yoke and you release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from Yoke creates any warranty.
WITHOUT LIMITING THE FOREGOING, LAMBDAZEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LAMBDAZEN MAKES NO WARRANTY THAT YOKE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LAMBDAZEN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY APPLICATIONS, CONTENT, MATERIALS OR OTHER INFORMATION PURCHASED OR OBTAINED THROUGH THE LAMBDAZEN WEBSITE OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY APPLICATIONS, CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED THROUGH THE YOKE.
Given the nature of the Internet, we cannot guarantee security of data transmission over the Internet. Accordingly despite our effort to protect your information and data, we cannot guarantee or warrant the security of any information or data you transmit to us. You transmit all such information at your own risk. ACCORDINGLY, LAMBDAZEN MAKES NO WARRANTY REGARDING THE SECURITY OR INTEGRITY OF YOUR ACCOUNT OR THE INFORMATION OR DATA ASSOCIATED WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA AND FOR SAFEGUARDING YOUR USER NAME AND PASSWORD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAMBDAZEN OR THROUGH YOKE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE THAT THE AGGREGATE LIABILITY OF LAMBDAZEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF YOKE IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAMBDAZEN AND YOU.
The foregoing limitation of liability shall:
Except for any disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with LambdaZen arising out of or relating to the Agreement ("Disputes") shall be governed by the law of the Commonwealth of Massachusetts regardless of your country of origin or where you access the Service, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
Notwithstanding the foregoing, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Massachusetts would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
Notices and Service of Process: We may post notices to you at www.lambdazen.com. You may contact us via email at email@example.com. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
No informal waivers, agreements or representations: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, LambdaZen, Inc. for any third party that assumes our rights and obligations under this Agreement.
Export Control: Your use of Yoke, including our software, is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.